1. What Is the Statement of Claim Form in Florida Small Claims Court?
The Statement of Claim form is the document used to initiate a case in Florida’s Small Claims Court. It outlines the plaintiff’s (your) complaint, the amount claimed, and the basis of the dispute. Filing this form officially starts the legal process and notifies the defendant of the claim.
2. Monetary Limits for Florida Small Claims Court
- Claims must not exceed $8,000, excluding court costs, interest, and attorney fees.
- If your claim exceeds this amount, it must be filed in a higher court.
3. Common Types of Claims in Florida Small Claims Court
- Unpaid debts or loans.
- Breach of contract disputes.
- Property damage claims (e.g., car accidents).
- Landlord-tenant disagreements, such as unreturned deposits.
- Disputes over goods or services.
4. Steps to Complete the Statement of Claim Form in Florida
Step 1: Obtain the Form
- Download the Statement of Claim form from your local county court’s website or pick it up from the Clerk of Court’s office.
- The form may have slight variations depending on the county, but the core information remains the same.
Step 2: Fill Out the Statement of Claim Form
The form typically requires the following details:
- Plaintiff Information:
- Your full name, address, and contact information.
- Defendant Information:
- The full name, address, and contact information of the person or business you are suing.
- For businesses, include the registered business name and address.
- Claim Details:
- A concise description of the dispute, including:
- What happened.
- When it occurred.
- Why you are filing the claim.
- The amount claimed, including a breakdown of damages, unpaid amounts, or costs.
- A concise description of the dispute, including:
Example:
“The defendant borrowed $5,000 on January 15, 2023, and has failed to repay despite multiple requests. Copies of the loan agreement and payment requests are attached.”
Step 3: Attach Supporting Documents
- Include copies of evidence supporting your claim, such as:
- Contracts or agreements.
- Receipts, invoices, or unpaid bills.
- Photos or videos (if applicable).
- Written communication, such as emails or text messages.
Step 4: Sign and File the Statement of Claim
- Sign the form to certify that the information provided is accurate.
- Submit the form to the Clerk of Court in the county where the defendant lives, works, or where the dispute occurred.
5. Filing the Statement of Claim
Step 1: Pay the Filing Fee
The filing fee depends on the claim amount:
| Claim Amount | Filing Fee |
|---|---|
| Up to $100 | $55–$80 |
| $101–$500 | $80–$175 |
| $501–$2,500 | $175–$300 |
| $2,501–$8,000 | $300–$400 |
Check with your county court for the exact fees. Fee waivers may be available for those with financial hardship.
Step 2: Serve the Defendant
After filing, the defendant must be notified of the claim through service of process. Approved methods include:
- Certified Mail: Sent by the Clerk of Court (available for some counties).
- Personal Service: Delivered by a sheriff or a private process server.
You must file proof of service with the court to confirm the defendant has been properly notified.
6. Preparing for the Hearing
- Organize Evidence: Collect all documents, photos, and correspondence supporting your claim.
- Arrange Witnesses: If applicable, have witnesses available to testify on your behalf.
- Practice Your Case: Rehearse a clear and concise explanation of the claim, focusing on facts and evidence.
7. What Happens After Filing the Statement of Claim?
Pre-Trial Conference
- Most Florida counties require a pre-trial conference to explore settlement options and narrow the issues for trial.
- Both parties must attend, or the case may be dismissed or ruled in favor of the present party.
Trial Hearing
- If no settlement is reached, the case proceeds to trial, where both parties present their arguments and evidence.
- The judge will issue a binding decision.
8. Frequently Asked Questions
Q1: Can I file a Statement of Claim online in Florida?
Some counties allow online filing through their court portals. Check your local county’s website for availability.
Q2: Can I amend my Statement of Claim after filing?
Yes, you can file an amended claim, but you may need to pay an additional fee and re-serve the defendant.
Q3: Do I need a lawyer for Small Claims Court?
No, Small Claims Court is designed for self-representation, but you may consult a lawyer for advice if needed.
Q4: What happens if the defendant doesn’t respond?
If the defendant fails to respond or appear, the court may issue a default judgment in your favor.
Q5: How long does the process take?
Most cases are resolved within 1–3 months, depending on the court’s schedule and complexity.
9. Tips for Success in Florida Small Claims Court
- Be Accurate: Ensure all information on the form is correct and complete.
- File Promptly: Submit your claim within the applicable statute of limitations for your case type.
- Keep Records: Retain copies of all filed documents and supporting evidence.
- Be Professional: Present your case respectfully and focus on the facts.
- Consider Mediation: Many Florida courts offer mediation services to resolve disputes without a trial.
10. Conclusion
Filing a Statement of Claim in Florida Small Claims Court is a straightforward process designed to help individuals and businesses resolve disputes efficiently. By following the steps outlined above and preparing thoroughly, you can confidently navigate the process and work toward a favorable resolution.